Manuel L. Hernandez v. United States

353 F.2d 624 Manuel L. HERNANDEZ, Appellant, v. UNITED STATES of America, Appellee. No. 19654. United States Court of Appeals Ninth Circuit. Oct. 29, 1965, Rehearing Denied Jan. 18, 1966. Ronald S. Rosen, Hollywood, Cal., for appellant. Manuel L. Real, U.S. Atty., Shelby Gott, Asst. U.S. Atty., Los Angeles, Cal., for appellee. Before POPE, MERRILL, and BROWNING, Circuit Judges. BROWNING, Circuit Judge. 1 Appellant was convicted of transporting and concealing 114 pounds of marihuana on April 5, 1964, in Los Angeles County, California, in violation of 21 U.S.C.A. 176a. He asserts that his conviction was based upon evidence (the 114 pounds of marihuana) secured through an unconstitutional search and seizure of two suitcases and a briefcase at the Los Angeles International Airport. 2 Los Angeles police had observed a recurring pattern in incidents involving the illicit transportation of marihuana. Large lots of marihuana were being brought to Los Angeles from Mexico by automobile, then carried from Los Angeles to New York City in the luggage of persons traveling on commercial air flights. The couriers were Latin-Americans. They traveled first class on nonstop flights. They did not…